prop memaid

8/14/2019 PROP MemAid

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San Beda College of LawSan Beda College of LawSan Beda College of LawSan Beda College of Law 26

MEMORY AID IN CIVIL LAW

CIVIL LAW COMMITTEECHAIRPERSON:Romuald PadillaASST.CHAIRPERSON: Vida Bocar, Joyce VidadEDP: Alnaia Ha!!iman, Doro"#y $ayonS%BJECT HEADS:C#ri!"oer Rey 'ara!i(an )Per!on! and *amily Rela"ion!+, Aleandro Ca!a-ar)Pro&er"y+, 'a. R#odora*errer)ill! and Succe!!ion+, Ian Dominic Pua)O-li(a"ion! and Con"rac"!+, S #a Elia# Dumama)Sale! and /ea!e+, Jo#n S"een0uiam-ao)PAT+, C#ri!"oer Ca-i(ao)Credi" Tran!ac"ion!+, /i(aya Ali&ao)Tor"! and Dama(e!+, An"#ony Pur(anan)/TD+,'a. Rica!ion Tu(adi )Con1lic"! o1 /a2+

PROPERTY

PROPERTY All things which are, or may be the

object of appropriation

Requisites: (USA)1. utility2. substantivity or iniviuality!. appropriability

I.A. IMMOVABLE PROPERTIES1. lan, builings, roas an

constructions of all "ins ahere to

the soil#2. trees, plants an growing fruits,while they are attache to the lanor form an integral part of animmovable#

!. everything attache to animmovable in a fi$e manner in sucha way that it cannot be separatetherefrom without brea"ing thematerial or eterioration of theobject#

%. statues, reliefs, paintings or otherobjects for use or ornamentation,

place in builings or on lans by theowner of the immovable in such amanner that it reveals the intentionto attach them permanently to thetenements#

&. machinery, receptacles, instrumentsor implements intene by theowner of the tenement for aninustry or wor"s which may becarrie on in a builing or on a pieceof lan, an which ten irectly tomeet the nees of the sai inustryor wor"s#

'euisitesa. mae by ownerb. inustry or wor"s carrie on

builing or on lanc. machines, etc must ten irectly

to meet nees of the inustry orwor"s

. machines, etc. must be essentialan principal elements of theinustry.

*. animal houses, pigeon+houses,. beehives, fishpons or breeing

places of similar nature, in case

their owner has place or preservethem, with the intention to havethem permanently attache to thelan, an forming a permanent partof it# the animals in those places areinclue#

-. fertilier actually use on a piece oflan#

/. mines, uarries an slag umps,while the matter thereof forms partof the be, an waters eitherrunning or stagnant#

10.oc"s an structures which, though

floating, are intene by theirnature an object to remain at afi$e place on a river, la"e or coast#an

11.contracts for public wor"s, anservitues an other real rights overimmovable property

Categories (3A)1. 'eal by nature 4 it cannot be

carrie from place to place(pars. 1 5 -, Art. %1&, 6ivil6oe)

2. 'eal by incorporation 4 attacheto an immovable in a fi$emanner to be an integral partthereof (pars. 1+! Art. %1&, 6ivil6oe)

!. 'eal by destination 4 place in an immovable for the utility itgives to the activity carriethereon (pars. %+ an / Art.%1&, 6ivil 6oe)

%. 7y analogy it is so classifie bye$press provision of law (par. 10,Art. %1&, 6ivil 6oe)

B.MOVABLE PROPERTIES

1. those movables susceptible ofappropriation which are not incluein the preceing article#

2. real property which by any specialprovision of law is consiere aspersonalty#

!. forces of nature which are broughtuner control of science#

%. in general, all things which can betransporte from place to place


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without impairment of the realproperty to which they are fi$e#

&. obligations an actions which havefor their object movables or

emanable sums# an*. shares of stoc" of agricultural,commercial an inustrial entities,although they have real estate.

TESTS:a) 7y e$clusion movables are

everything not inclue in Art. %1&.b) 7y escription an object is movable

if it possesses1) Ability to change location2) 8ithout substantial injury to the

immovable to which it is

attache.

Important o!trines"prin!ip#es onimmo$a%#e and mo$a%#e properties:a) A 7uiling is an immovable even if

not erecte by the owner of thelan. 9he only criterion is union orincorporation with the soil. (Laderavs. Hodges, 48 O.G. 4374).

b) :arties to a contract may byagreement treat as personalproperties that which by naturewoul be real property# an it is a

familiar phenomenon to see thingsclasses as real property for purposesof ta$ation which on generalprinciple might be consierepersonal property (Standard Oil Co.vs. Jaranillo, 44 Phil 63).

c) ;or purposes of attachment ane$ecution an for purposes of the6hattel


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!. 6annot be acuire byprescription

%. ot subject to attachment ore$ecution

&. 6annot be burene witheasements

(OTE: 9hey cannot be registere unerthe lan registration law an be thesubject of a 9orrens title. 9he characterof public property is not affecte bypossession or even a 9orrens 9itle infavor of private persons. (Palana vs.Coon-ealth, 6+ Phil. 44+).

B. PATRIMO(IAL PROPERTY O& T*ESTATE

:roperty of the State owne by it inits private or proprietary capacity.

the state has the same rights overthis "in of property as a privateiniviual in relation to his ownprivate property

C. PROPERTY O& LOCAL +OVER(ME(T'(ITS ,L+'s-1. :roperty for public use 4 consist of

roas, streets, suares, fountains,public waters, promenaes anpublic wor"s for public service pai

for by the =DUs2. :atrimonial :roperty 4 all other

property possesse by =DUs withoutprejuice to provisions of speciallaws

(OTE: n the case of Provine o/a!oanga 0el 1orte vs. Cit2 o/a!oanga, the Supreme 6ourtcategorically state that Bthis court isnot incline to hol that municipalproperty hel an evote to publicservice is in the same category asorinary private property. 9heclassification of municipal propertyevote for istinctly governmentalpurposes as public shoul prevail overthe 6ivil 6oe in this particular caseC.Eere, the =aw of


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averse possession. Limitations:1. Deneral limitations impose by the

State for its benefit

2. Specific limitations impose by law3. =imitations impose by the partytransmitting the property either bycontract or by will

4. =imitations impose by the ownerhimself

5. nherent limitations arising fromconflict with other rights

e &a!to !ase o2 Eminent omain e$propriation resulting from the

actions of nature as in one casewhere lan becomes part of one sea.

9he owner loses his property in favorof the state without anycompensation.

Prin!ip#e o2 Se#23*e#p right of the owner or lawful

possessor to e$clue any person fromthe enjoyment an isposal of theproperty by the use of such force asmay be necessary to repel or preventactual or threatene unlawfulphysical invasion or usurpation of hisproperty.

Requisites: ('A)1. reasonable force2. owner or lawful possessor is the

person who will e$ercise3. no elay in oneFs e$ercise4. actual or threatene physical

invasion or usurpation

G1*L L5 A person cannotinterfere with the right of ownership ofanother.CPO15 o!trine o2 In!omp#etePri$i#ege or State o2 (e!essit1 (Article%!2) Requisites: (3)1. Interference necessary2. amage to another much greater

than amage to property

LE+AL REMEIES TO RECOVERPOSSESSIO( O& O(E4S PROPERTY1. :ersonal property 'eplevin REPLEVI( + remey when the

complaint prays for the recovery ofthe possession of personal property.

2. 'eal :ropertya. A66 9G'369A= (ature: summary action to

recover physical or material

possession only. t consists ofthe summary actions of5. &or!i%#e entr1 Action for recovery of

material possession of realproperty when a personoriginally in possession waseprive thereof by force,intimiation, strategy,threat or stealth

6. 'n#a72u# etainer Action for recovery of

possession of any lan or

builing by lanlor, venor,venee, or other personagainst whom the possessionof the same was unlawfullywithhel after the e$pirationor termination of the right tohol possession, by virtue ofany contract.

;orcible Gntry Unlawful3etainer

*s to -hen 9ossession !eae 'nla-'l:ossession of the

efenant isunlawful from thebeginning as heacuirespossession by;orce,intimiation,strategy, threator stealth

:ossession is

inceptively lawfulbut becomes illegalfrom the timeefenantunlawfullywithholspossession afterthe e$piration ortermination of hisright thereto.

*s to the neessit2 o deando previouseman for theefenant to

vacate isnecessary

3eman isjurisictional if thegroun is non+

payment of rentalsor failure tocomply with thelease contract

*s to neessit2 o 9roo o 9rior9h2sial 9ossession

:laintiff mustprove that he wasin prior physicalpossession of thepremises until hewas eprivethereof by theefenant

:laintiff nee nothave been in priorphysical possession


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*s to -hen the 2ear 9eriod is o'ntedro

1 year perio isgenerally countefrom the ate of

actual entry onthe lan

1 year perio iscounte from theate of last

eman or lastletter of eman

b. A66 :U7=6AA (ature: rinary civil

proceeing to recover the betterright of possession, e$cept incases of forcible entry anunlawful etainer. 9he involveis not possession e facto butpossession e jure.

c. A66 'G?36A9'A

(ature: action to recover realproperty base on ownership.Eere, the object is the recoveryof the ominion over theproperty as owner.

Requisites:1. entity of the :roperty2. :laintiffFs title to the

property

Sur2a!e Rig/ts 9he owner of parcel of lan is the

owner of its surface an everythinguner it.

9he economic utility which suchspace or subsoil offers to the ownerof the surface sets the limit of theownerFs right to the same.

*IE( TREAS'RE e2inition any hien or un"nown

eposit of money, jewelry or otherprecious objects, the lawfulownership of which oes not appear.

G1*L L5 t belongs to the

owner of the lan, builing or otherproperty on which it is foun.CPO1S5 9he finer is entitle toJ provie

1. 3iscovery was mae on theproperty of another, or of thestate or any of its politicalsubivisions#

2. 9he fining was mae by chance#3. 9he finer is not a co+owner of

the property where it is foun#4. 9he finer is not a trespasser#5. 9he finer is not an agent of the

lanowner#

6. 9he finer is not marrie unerthe absolute community or theconjugal partnership system(otherwise his share belongs to

the community).

ACCESSIO( 9he right by virtue of which the

owner of a thing becomes the ownerof everything that it may prouce orwhich may be inseparably unite orincorporate thereto, eithernaturally or artificially.

C#assi2i!ations:1. *ession 0isreta 4 the rightpertaining to the owner of a thing over

everything prouce thereby

)inds o2 &ruitsa. natural fruits 4 spontaneous

proucts of the soil an theyoung an other proucts ofanimals

b. inustrial fruits 4 those prouceby lans of any "in throughcultivation or labor

c. civil fruits 4 rents of builings,price of leases or lans an theamount of perpetual or life

annuities or other similar income

G1*L L5 9o the ownerbelongs the natural, inustrial, ancivil fruits.

CPO1S5 f the thing is ,P'LA-a) in possession of a possessor in

goo faith#b) subject to a usufruct#c) #ease or plege# or) in possession of an antichretic

creitor

2. *ession Contin'a 4 the rightpertaining to the owner of a thing overeverything that is incorporate orattache thereto either naturally orartificially# by e$ternal forces.

a. 8ith respect to rea# propert1i. aession ind'strial builing, planting or sowing

ii. aession nat'ral alluvium, avulsion, change

of river course, anformation of islans


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b. 8ith respect to persona#propert1

i. ajunction or conjuctionii. commi$tion or confusion

iii specification

Basi! Prin!ip#es: (DG 7A3)

1. Ee who is in goo faith may be helresponsible but will not bepenalie.

2. 9o the owner of a thing belongs thee$tension or increase of such thing.

3. 7a faith of one party neutraliesthe ba faith of the other.

4. 9here shoul be no unjustenrichment at the e$pense of others.

5. Ba faith involves liability for

amages.6. Accessory follows the principal.7. Accession e$ists only if the

incorporation is such that separationwoul either seriously damage thething or iminish its value.

Rig/t o2 A!!ession 7it/ respe!t toImmo$a%#e Propert1(OTE: See 9A7=GS

Important o!trines"Prin!ip#es:a) Uner Art %%-, the lanowner may

not refuse both to pay for thebuiling an to sell the lan aninstea see" to compel the owner ofthe builing to remove the builingfrom the lan. Ee is entitle to suchremoval =I when, after havingchosen to sell the lan, the otherparty fails to pay for sai lan.(gnaio vs. Hilario, 76 Phil. 6%$)

b) Shoul no other arrangement beagree upon, the owner of the lanoes not automatically become the

owner of the improvement.(:ili9inas Colleges, n. vs. i!ang,%6 Phil. &47)

c) Article %%- is not applicable where aperson constructs a house on his ownlan an then sells the lan, not thebuiling. (Coleongo vs. egalado,&7 Phil 387)

d) Article %%- oes not apply to caseswhich are governe by otherprovisions of law such as co+ownership, usufruct, agency, lease.

e) 9he provision on inemnity in Art.%%- may be applie by analogy

consiering that the primary intentof the law is to avoi a state offorce co+ownership especiallywhere the parties in the main agree

that Articles %%- an &%* areapplicable an inemnity for theimprovements may be pai althoughthey iffer as to the basis of theinemnity. (Peson vs. C* &44 SC*4%7).

ACCESSIO( (AT'RAL1. Alluvion or alluvium 4 increment

which lans abutting rivers grauallyreceive as a result of the current ofthe waters. Con!ept: it is the graual

eposit of seiment by thenatural action of a current offresh water (not sea water, theoriginal ientity of the epositbeing lost.

Requisites:a) the eposit be graual an

imperceptibleb) that it be mae through the

effects of the current of thewater

c) that the lan where accretion

ta"es place is ajacent to theban"s of the river.

(OTES:

9he owners of the lans ajoiningthe ban"s of the river (riparianlans) shall own the accretion whichthey graually receive.

Accretion operates ipso jure.Eowever, the aitional area is notcovere by a 9orrens title an theriparian owner must register theaitional area.

o!trines:a) 8here the eposit is by sea

water, it belongs to the stateb) A graual change of be is also

governe by the rules ofalluvium (Canas vs. 'ason $Phil. 68+)

2. Avulsion 4 the transfer of a "nownportion of lan from one tenementto another by the force of thecurrent. 9he portion of lan must

be such that it can be ientifie as


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coming from a efinite tenement.

Requisites:a) 9he segregation an transfer

must be cause by the current ofa river, cree" or torrent.b) 9he segregation an transfer

must be suen or abruptc) 9he portion of lan transporte

must be "nown or ientifie

(OTES:

9he owner must remove thetransporte portion within two yearsto retain ownership

n case of uproote trees, the ownerretains ownership if he ma"es a

claim within * months. 9his refersonly to uproote trees an oes notinclue trees which remain planteon a "nown portion of lan carrieby the force of the waters. n thislatter case, the trees are regareas accessions of the lan throughgraual changes in the course ofajoining stream. (Pa2atas vs.'a#on)

'egistration uner the 9orrenssystem oes not protect the riparianowner against iminution of the areaof his lan through graual changesin the course of ajoining stream(Pa2atas vs. 'a#on).

A##u$ium A$u#sion1. graual animperceptible

1. suen orabrupt process

2. soil cannot beientifie

2. ientifiable anverifiable

!. belongs to theowner of theproperty to whichit is attache

!. belongs to theowner from whoseproperty it wasetache

%. merely anattach+ment

%. etachment fol+lowe byattachment

!. Change of course of rivers Requisites:

a) 9here must be a natural changein the course of the waters ofthe river

b) 9he change must be abrupt orsuen

(OTES:

nce the river be has been

abanone, the owners of theinvae lan become owners of theabanone be to the e$tentprovie by this article. o positive

act is neee on their part, as it issubject thereto ipso jure from themoment the moe of acuisitionbecomes evient.

t oes not apply to cases where theriver simply ries up because thereare no persons whose lans areoccupie by the waters of the river.

%. Formation of Islands 'U=GS 8G'SE:

a. ored !2 the sea51) within territorial waters +

State2) outsie territorial waters 4

to the first occupant!. ored in la;es, or naviga!le or

loata!le rivers < State. ored on non


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)inds:a. inclusion or engraftmentb. solaura or soleringc. escritura or writing

. pintura or paintinge. tejio or weaving Tests to determine !rinci!al:

a. the =r'le o i9ortane and9'r9ose

b. that of greater valuec. that of greater volumed. that o greater erits

Ru#es:a) Ajunction in goo faith by either

owner>G1*L L accessory followsthe principal.>CPO1S if the accessory ismuch more precious than theprincipal, the owner of the accessorymay eman the separation even ifthe principal suffers some injury

b) Ajunction in ba faith by theowner of the principal option of the owner of the

accessoryi) to recover the value plus

amagesii) to eman separation plus

amagesc) Ajunction in ba faith by theowner of the accessoryi) he loses the accessoryii) he is liable for amages

/en separation o2 t/ingsa##o7ed:a. separation without injuryb. accessory is more precious

than the principalc. owner of the principal acte

in ba faith". #i$ture Union of materials where the

components lose their ientity. )inds:

a. 6ommi$tion 4 mi$ture ofsolis

b. 6onfusion 4 mi$ture ofliuis

Ru#es:a. 7y the will of both owners or by

accient each owner acuiresan interest in proportion to the

value of his material

b. 7y one owner in goo faithapply rule(a)

c. 7y one owner in ba faithi) he loses all his rights to his

own materialii) he is liable for amages

%. S!ecification t is the transformation of anotherFs

material by the application of labor.9he material becomes a thing ofifferent "in.

=abor is the principal

Ru#es:a) wner of the principal (wor"er)

in goo faith

i) ma"er acuires the newthing

ii) he must inemnify the ownerof the material

>CPO1 if the material ismore valuable than the resultingthing, the owner of the materialhas the option1) to acuire the wor",

inemnifying for the labor,or

2) to eman inemnity for thematerial

b) owner of the principal (wor"er)in ba faith the owner of thematerial has the optioni) to acuire the result without

inemnityii) to eman inemnity for the

material plus amagesc) wner of the material in ba

faithi) he loses the materialii) he is liable for amages

Ad8un!tion Mi0ture Spe!i2i!ation1. nvolvesat least 2things

nvolves atleast 2things


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G$penses to improve orembellish are ecie by themajority

f) 9o protest against seriously

prejuicial ecisions of themajorityg) =egal reemption to be

e$ercise within !0 ays fromwritten notice of sale of anunivie share of another co+owner to a stranger

h) 9o efen the co+ownershipFsinterest in court

i) 9o eman partition at any time Partition is the ivisionbetween 2 or more persons ofreal or personal property which

they own in common so thateach may enjoy an possess hissole estate to the e$clusion ofan without interference fromothers

G1*L L5 :artition isemanable by any of the co+owners as a matter of right atany time.LCPO1S1) 8hen there is a stipulation

against it# but not to e$cee10 years.

2) 8hen the conition ofinivision is impose by theonor or testator# but not toe$cee 20 years.

!) 8hen the legal nature of thecommunity preventspartition.

%) 8hen partition woul renerthe thing unserviceable.

&) 8hen partition is prohibiteby law

*) 8hen another co+owner has

possesse the property ase$clusive owner for a periosufficient to acuire it byprescription.

6. T/e 2o##o7ing questions arego$erned %1 t/e ma8orit1 o2interests:a)


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conveye or transferre to personsother than ;ilipino citiens orcorporations at least *0M of thecapital stoc" of which belong to

;ilipino citiens, e$cept in cases ofhereitary succession.

G1*L L5 6ommon areas shallremain univie, an there shall be nojuicial partition thereof

CPO1S51. 8hen the project has not been

rebuilt or repaire substantially toits state prior to its amage orestruction ! years after amage orestruction which renere amaterial part thereof unfit for use#

2. 8hen amage or estruction hasrenere J or more of the unitsuntenantable an that theconominium owners holing morethan !0M interest in the commonareas are oppose to restoration ofthe projects#

!. 8hen the project has been ine$istence for more than &0 years,that it is obsolete an uneconomic,an the conominium owners holingin aggregate more than &0M interest

in the common areas are oppose torestoration, remoeling ormoerniing#

%. 8hen the project or a material partthereof has been conemne ore$propriate an the project is nolonger viable, or that theconominium owners holing inaggregate more than 0M interest inthe common areas are oppose tothe continuation of the conominiumregime#

&. 8hen conitions for partition by sale

set forth in the eclaration ofrestrictions uly registere havebeen met.

ATERS C#assi2i!ationa) 8aters public per se (water is the

principal# the be follows thecharacter of the water (See Arts.&02 N1O an &02 N2O)

b) 8aters public or private accoringto their be (water is accessory tobe)

c) 8aters public by special provision

POSSESSIO( Con!ept: the material holing or

control of a thing or the enjoymentof a right.

Requisites:1. occupancy, apprehension, or ta"ing2. eliberate intention to possess!. by virtue of ones own right

egrees:1. possession without any title

whatsoever2. possession with juriical title3. possession with just title sufficient

to transfer ownership4. possession with a title in fee simple

C#asses:a) n oneFs own name 4 where possessor

claims the thing for himselfb) n the name of another 4 for whom

the thing is hel by the possessorc) n the concept of owner 4 possessor

of the thing or right , by his actions,is consiere or is believe by otherpeople as the owner, regarless ofthe goo or ba faith of the

possessor) n the concept of holer 4 possessor

hols it merely to "eep or enjoy it,the ownership pertaining to anotherperson# possessor ac"nowleges inanother a superior right which hebelieves to be ownership.

9G one of these holers assert aclaim of ownership in himself over thething but they may be consiere aspossessors in the concept of owner, oruner claim of ownership, with respectto the right they respectively e$erciseover the thing.e) n goo faith 4 possessor is not aware

that there is in his title or moe ofacuisition a efect that invaliatesit Requisites:

1. stensible title or moe ofacuisition

2. ?ice or efect in the title!. :ossessor is ignorant of the

vice or efect an must havean honest belief that the

thing belongs to him


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(OTE: Dross an ine$cusable ignoranceof the law may not be the basis of goofaith, but possible, e$cusable ignorancemay be such basis. (?asilag vs o@'e, 6+

PHL &7)f) n ba faith 4 possessor is aware ofthe invaliating efect in his owntitle.

(OTES:

nly personal "nowlege of the flawin oneFs title or moe of acuisitioncan ma"e him a possessor in bafaith. t is not transmissible even toan heir.

:ossession in goo faith ceases fromthe moment efects in his title aremae "nown to the possessor. 9his

interruption of goo faith may ta"eplace at the ate of summons or thatof the answer if the ate ofsummons oes not appear.Eowever, there is a contrary viewthat the ate of summons may beinsufficient to convince thepossessor that his title is efective.

Presumptions in 2a$or o2 possessor:1. of goo faith2. of continuity of initial goo faith!. of enjoyment in the same character

in which possession was acuireuntil the contrary is prove

%. of non+interruption in favor of thepresent possessor

&. of continuous possession by the onewho recovers possession of which hewas wrongfully eprive

*. of e$tension of possession of realproperty to all movables containetherein

O%8e!t o2 possession:

>G1*L L5 All things an rightssusceptible of being appropriate>CPO1S51. 'es communes2. :roperty of public ominion!. 3iscontinuous servitues%. on+apparent servitues

A!quisition o2 possession: Manner1. G1*L L5 :ossession cannot berecognie in two ifferent personalitiese$cept in case of co+possession when

there is no conflict Criteria in case of dis!ute:

1. presentHactual possessor shall bepreferre

2. if there are two possessors, the onelonger in possession

3. if the ates of possession are thesame, the one with a title

4. if all the above are eual, the fact ofpossession shall be juiciallyetermine, an in the meantime,the thing shall be place in juicialeposit

Su%8e!t Possessor ingood 2ait/

Possessorin %ad2ait/

a. ;ruitsgathere

a. to possessor a. to owner

b.6ultivationG$penses ofgatherefruits

b. notreimburse topossessor

b.reimbursetopossessor

c. ;ruitspening

ancharges

c. prorateaccoring to

time

c. to owner

.:rouctione$penses ofpeningfruits

. inemnitypro rata topossessor(ownerFsoption)

i. in money,orii. byallowing fullcultivationangathering of

all fruits

. noinemnity

e.ecessarye$penses

e. reimburseto possessor#retention

e.reimbursetopossessor#noretention

f.. Usefule$penses

f. reimburseto possessor(ownerFsoption)i. initial costii. plus valuemay remove

if no

f. noreimbursement


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reimburse+ment, an noamage iscause to theprincipal by

the removalg.rnamen+tale$penses

g. reimburse+ment atownerFsoption

i. removal ifno injury, or

ii. costwithoutremoval

g. ownerFsoption

i.removal, or

ii. valueat time ofrecovery

h. 9a$esancharges

i. on

capital

ii. onfruits

iii.charges

h. ta$es ancharges

i. charge toowner

ii. charge topossessoriii. prorate

h. ta$esan charges

i. chargeto owner

ii.charge toowner

iii. toowner

i. mprove+ments nolongere$isting

i. noreimburse+ment

i. noreimburse+ment

j. =iabilityforacciental

loss oreterioration

j. only ifacting withfrauulent

intent ornegligence,after summons

j. liable inevery case

".mprove+ments ueto time ornature

". to owneror lawfulpossessor

". toowner orlawfulpossessor

Possession o2 mo$a%#es :ossession of movables in goo faith

is euivalent to title. Requisites:

a) possession is in goo faithb) the owner has voluntarily parte

with the possession of the thingc) possessor is in the concept of

ownerne who has lost or has beenunlawfully eprive of it , mayrecover it from whomsoeverpossesses it, orinarily, withoutreimbursement.

o!trines:

a) owner of the thing must prove (1)ownership of the thing an (2) loss orunlawful eprivation# or ba faith ofthe possessor

b) 8here the owner acts negligently orvoluntarily parts with the thingowne, he cannot recover it fromthe possessor

c) 9he owner may recover the movablein case of loss or involuntaryeprivation# but must reimburse theprice pai if possessor acuire thething in goo faith an at a publicsale.

&oss of !ossession:1. 7y the will of the possessor

a) Abanonmentb) 9ransfer or conveyance

2. Against the will of the possessora) Gminent omainb) Acuisitive prescriptionc) Puicial ecree in favor of better

right) :ossession of another for more

than one year(OTE: this refers to possession efacto where the possessor loses theright to a summary action# but hemay still bring action publiciana or

reivinicatoriae) 7y reason of the object

i. estruction or total loss ofthe things

ii. withrawal from commerce

'S'&R'CT gives a right to enjoy the property of

another with the obligation ofpreserving its form an substance,unless the title constituting it or thelaw otherwise provies.

C/ara!teristi!s:a. 'eal rightb. f temporary urationc. 9o erive all avantages from

the thing ue to normale$ploitation

. may be constitute on real orpersonal property, consumableor non+consumable, tangible orintangible, the ownership ofwhich is veste in another

e. transmissible


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>G1*L L5 Usufructuary is bounto preserve the form an substance ofthe thing in usufruct.>CPO15Abnormal usufruct whereby

the law or the will of the parties mayallow the moification of the substanceof the thing.

'su2ru!t Lease1. Always a realright

1.Denerally apersonal right

2. :erson creatingthe usufruct shoulbe the owner or hisuly authorieagent

2. =essor may notbe the owner

!.


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alienate or encumbereor lease because thiswoul mean that theusufructuary oes not

nee it.

(OTE: E22e!ts o2 2ai#ure to post%ond:1. owner shall have the following

optionsa. receivership of realty, sale

of movables, eposit ofsecurities, or investment ofmoney# '

b. retention of the property asaministrator

2. the net prouct shall be

elivere to the usufructuary!. usufructuary cannot collect

creits ue or ma"e investmentsof the capital without theconsent of the owner or of thecourt until the bon is given.

2. )uring the usufruct:a. 9o ta"e care of the propertyb. 9o replace with the young

thereof animals that ie or arelost in certain cases when theusufruct is constitute on floc"

or her of livestoc"c. 9o ma"e orinary repairsd. 9o notify the owner of urgent

e$tra+orinary repairse. 9o permit wor"s an

improvements by the na"eowner not prejuicial to theusufruct

f. 9o pay annual ta$es an chargeson the fruits

g. 9o pay interest on ta$es oncapital pai by the na"e owner

h. 9o pay ebts when the usufructis constitute on the wholepatrimony

i. 9o secure the na"e ownerFs orcourtFs approval to collectcreits in certain cases

j. 9o notify the owner of anyprejuicial act committe bythir persons

k. 9o pay for court e$penses ancosts regaring usufruct.

3. At the termination of the usufruct:

a. 9o return the thing in usufruct to

the owner unless there is a rightof retention

b. 9o pay legal interest on theamount spent by the owner for

e$traorinary repairs or ta$es onthe capitalc. 9o inemnify the owner for any

losses ue to his negligence or ofhis transferees

E0tinguis/ment o2 'su2ru!t (:923G'


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f) t is a right limite by the nees ofthe ominant owner or estate,without possession

g) t cannot consist in the oing of an

act unless the act is accessory inrelation to a real easementh) t is a limitation on the servient

ownerFs rights of ownership for thebenefit of the ominant owner# an,therefore, it is not presume

Classification:1. As to its e$ercise:

a)6ontinuous Gasements 4 those theuse of which is, or may be,incessant without theintervention of any act of man

b) 3iscontinuous Gasements 4 thosewhich are use at intervals anepen upon the acts of man

2. As to the indication of theire$istence:a) Apparent Gasements 4 those

which are mae "nown an arecontinually "ept in view bye$ternal signs that reveal theuse an enjoyment of the same

b) on+apparent Gasements 4 thosewhich show no e$ternal

inication of their e$istence

3. As to dut* of servient o+nera) :ositive 4 the servient owner

must allow something to be onein his property or o it himself.9hese are calle servitues ofintrusion an orHserviceC

b) egative 4 the servient ownermust refrain from oingsomething which he coullawfully o if the easement inot e$ist

Easement Lease1. 'eal right,whether registereor not

'eal right only whenit is registere, orwhen its subjectmatter is realproperty an theuration e$ceesone year

2. mpose only onreal property


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!. 6hoose the most convenienttime an manner in ma"ing thenecessary wor"s as to cause theleast inconvenience to the

servient owner%. 6ontribute to the necessarye$penses if there are severalominant estates

Ser$ient O7ner Rig/ts:

1. 9o retain ownership anpossession of the servient estate

2. 9o ma"e use of the easement,unless there is agreement to thecontrary

!. 9o change the place or manner

of the easement, provie it beeually convenient

O%#igations:1. 6annot impair the use of the

easement2. 6ontribute to the necessary

e$penses in case he uses theeasement, unless there is anagreement to the contrary

E0tinguis/ment o2 Easements:('G


19/27


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mae on the ceiling or on thewall# an

b. there must be an iron grating2. Easement o2 $ie7(A's 9ros9et's) 4

the right to ma"e openings orwinows, to enjoy the view throughthe estate of another an the powerto prevent all constructions or wor"which woul obstruct such view orma"e the same ifficult. tnecessarily inclues easement oflight

Restri!tions on openings in one4s o7n7a## 7/en !ontiguous ,#ess t/an 6m- toanot/er4s tenement:1. it cannot e$cee 1 foot s. (!0 cm

each sie)2. openings must be at the height of

the joists, near the ceiling (Choovs. Santaaria, & Phil 3&)

!. the abutting owner maya. close the openings if the wall

becomes a party wallb. bloc" the light by builing or

erecting his own wall unlessa servitue is acuire bytitle or prescription

c. as" for the reuction of theopening to the proper sie

Restri!tions as to $ie7s1. 3irect views the istance of 2


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to e$ercise orinary care to preventchilren from playing therewith orresorting thereto is liable to a chilof tener years who is injure

thereby, even if the chil istechnically a trespasser in thepremises.

Remedies against pu%#i! nuisan!e:(:6G)

1. Prosecution uner the ':6 orlocal orinance

2. Civil Action!. E$trajuicial Abatement

Remedies against pri$ate nuisan!e:(6G)

1. Civil Action2. E$trajuicial Abatement

E0tra8udi!ia# A%atement Requisites:

1. nuisance must be speciallyinjurious to the person affecte#

2. no breach of peace orunnecessary injury must becommitte#

!. prior eman#%. prior eman has been rejecte#&. approval by istrict health

officer an assistance of localpolice# an

*. value of estruction oes note$cee :!,000.

T*EORY O& MOE A( TITLE

MOE is the specific cause whichgives rise to them, as the result ofthe presence of a special conitionof things, of the aptitue an intentof persons, an of compliance withthe conitions establishe by law.9his is the pro$imate cause of theacuisition.

TITLEis the juriical justification forthe acuisition or a transfer ofownership or other real right. 9his isthe remote cause of the acuisition.

I&&ERE(T MOES ,and TITLES- o2AC9'IRI(+ O(ERS*IP

Modes o2

a!quiringo7ners/ip

Tit#es o2

a!quiringo7ners/ip

. ,riginal #odes1. ccupation 1. 6onition of

being without"nown owner

2. 8or" whichincluesntellectualcreation

2. 6reation,iscovery orinvention

(. )erivative modes

!. =aw !. G$istence ofreuireconitions

%. 9raition %. 6ontract of theparties

&. 3onation &. 6ontract of theparties

*. :rescription *. :ossession inthe concept ofowner

. Succession . 3eath

OCC'PATIO( a moe of acuiring ownership by

the seiure of things corporeal whichhave no owner, with the intention of

acuiring them, an accoring therules lai own by law.

Requisites:1. there must be seiure of a thing2. the thing seie must be

corporeal personal property!. the thing must be susceptible of

appropriation by nature%. the thing must be without an

owner&. there must be an intention to

appropriate

Spe!i2i! instan!es:1. hunting an fishing2. fining of movables which o not

have an owner!. fining of abanone movables%. fining of hien treasure


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&. catching of swarm of bees thathas escape from its owner,uner certain conitions

*. catching of omesticate

animals that have escape fromtheir owners, uner certainconitions

. catching of pigeons withoutfrau or artifice

-. transfer of fish to anotherbreeing place without frau orartifice

TRAITIO("ELIVERY a moe of acuiring ownership as a

onse@'ene o ertain ontrats, byvirtue of which, the object is place

in the control an possession of thetransferee, actually orconstructively.

)inds:1. 'eal 9raition + actual elivery2. 6onstructive 9raition

a. traditio s2!olia 4parties ma"e use of a to"enor symbol to represent thething elivere

b. traditio longa an' 4 bymere consent of the parties

if the thing sol cannot betransferre to the possessionof the venee at the time ofthe sale

c. traditio !revi an' 4when the venee alreay haspossession of the thing solby virtue of another title

. traditio onstit't'9ossessori' 4 when thevenor continues inpossession of the thing solnot as owner but in someother capacity

!. Quasi+traition 4 e$ercise of theright of the grantee with theconsent of the grantor

%. radiion 9or inisterio de la le24 elivery by operation of law

6. radition !2 9'!li instr'ent Requisites:

1. right transmitte shoul havepreviously e$iste in thepatrimony of the grantor

2. transmission shoul be by justtitle

!. grantor an grantee shoul haveintention an capacity to

transmit an acuire%. transmission shoul bemanifeste by some act whichshoul be physical, symbolical orlegal

O(ATIO( an act of liberality whereby a person

isposes gratuitously of a thing orright in favor of another who acceptsit

Requisites: 63A

1. onor must have !apacity toma"e the onation

2. he must have onative intent(animus onani)

!. there must bedelivery4. onee must accept or consent to

the onation

Essentia# 2eatures"e#ements o2 atrue donation:a) Alienation of property by the

onor uring his lifetime, whichis accepte

b) rrevocability by the onorc) ntention to benefit the onee

(animus onani)) 6onseuent impoverishment of

the onor (iminution of hisassets)

C#assi2i!ation:1. As to effectivity

a. inter vivosb. mortis causac. propter nuptias

2. As to perfectionHe$tinguishmenta. pureb. with a conitionc. with a term

!. As to consierationa. simple + gratuitousb. remuneratory or compensatory 4

mae on account of oneeFsmerits

c. moal 4 imposes upon the oneea buren which is less than thevalue of the thing onate


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onation InterVi$os

onation MortisCausa

1. 9a"es effectinepenently of

the onorFs eath

9a"es effect uponthe eath of the

onor

2. 9itle conveyeto the oneebefore the onorFseath

9itle conveye upononorFs eath

!. ?ali if onorsurvives onee

?oi if onor survivesonee

%. Denerally irrevo+cable uringonorFs lifetime

Always revocable

&.


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relatives which are entitled to!e s'99orted !2 hi.

E&&ECTS O& O(ATIO(

1. onee may eman the elivery ofthe thing onate2. onee is subrogate to the rights of

the onor in the property!. in onations propter nuptias, the

onor must release the propertyfrom encumbrances, e$ceptservitues

%. onorFs warranty e$ists ifa. e$presseb. onation is propter nuptiasc. onation is onerous. onor is in ba faith

&. when the onation is mae toseveral onees jointly, they areentitle to eual portions, withoutaccretion, unless the contrary isstipulate

Pa1ment o2 t/e donor4s de%t %1 t/edonee1. f there is e$press stipulation the

onee is to pay only ebtscontracte before the onation, ifnot otherwise specifie# but theonee answers only up to the value

of the property onate, if nostipulation is mae to the contrary

2. f there is no stipulation the oneeis answerable for the ebts of theonor only in case of frau againstcreitors.

ACTS O& I(+RATIT'E1. f the onee shoul commit some

offense against the person, honor orproperty of the onor, or of his wifeor chilren uner his parentalauthority

2. f the onee imputes to the onorany criminal offense, or any actinvolving moral turpitue, eventhough he shoul prove it, unless thecrime or act has been committeagainst the onee himself, his wifeor chilren uner his authority

!. 'efusal to support the onor

PRESCRIPTIO( )inds:1. A!quisiti$e pres!ription + one

acuires ownership an other real

rights through the lapse of time inthe manner an uner the conitionslai own by law.a. Ordinar2 a@'isitive

9resri9tion reuires possessionof things in goo faith an withjust title for the time fi$e bylaw

b. Btraordinar2 a@'isitive9resri9tion acuisition ofownership an other real rightswithout nee of title or of goofaith or any other conition

Requisites:1) capacity to acuire by

prescription2) a thing capable of acuisition by

prescription!) possession of thing uner certain

conitions%) lapse of time provie by law

2. E0tin!ti$e Pres!ription 4 rights anactions are lost through the lapse oftime in the manner an uner theconitions lai own by law.

A!quisiti$epres!ription

E0tin!ti$epres!ription

1. relationship

between theoccupant an thelan in terms ofpossession is capableof proucing legalconseuences# it isthe possessor who isthe actor

1. one oes not loo"

to the act of thepossessor but to theneglect of theowner

2. reuires possessionby a claimant who isnot the owner

2. reuires inactionof the owner orneglect of one witha right to bring hisaction

!. applicable to

ownership an otherreal rights

!. applies to all

"ins of rights,whether real orpersonal

%. vests ownership orother real rights inthe occupant

%. prouces thee$tinction of rightsor bars a right ofaction

&. results in theacuisition ofownership or otherreal rights in a personas well as the loss ofsai ownership or realrights in another

&. results in the lossof a real or personalright, or bars thecause of action toenforce sai right


25/27




*. can be provenuner the generalissue without itsbeing affirmativelypleae

*. shoul beaffirmativelypleae an proveto bar the action orclaim of the averse

party

Period o2 Pres!riptionMo$a%#es Immo$a%#es

5. +ood &ait/

% years 10 years

6. Bad &ait/

- years !0 years

Ru#es on Computation o2 Period:1. 9he present possessor may complete

the perio necessary for prescription

by tac"ing his possession to that ofhis grantor or preecessor

2. t is presume that the presentpossessor who was also the possessorat a previous time, has continue tobe in possession uring theintervening time, unless there isproof to the contrary

!. 9he first ay shall be e$clue anthe last ay inclue

Persons Against /om Pres!ription

runs:1.


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b) !0 IGA'S real actionsover immovables(but notforeclosure)

without prejuiceto the acuisitionof ownership orreal rights byacuisitiveprescription

h) ! IGA'S actions unerthe eight hourlabor lawactions to

recover losses ingamblingmoney claims asa conseuence ofemployer+employeerelationshipaction toimpugn legitimacyof a chil if thehusban or hisheirs resie abroa

c) 10 IGA'S actions upon a

written contractactions uponan obligationcreate by lawactions upon ajugment fromthe timejugmentbecomes finalactions amongco+heirs toenforce warrantyagainst eviction inpartition


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CIVIL LAW COMMITTEECHAIRPERSON: Romuald PadillaASST CHAIRPERSON: Vida Bocar Joyce VidadEDP: Alnaia Ha!!iman Doro"#y $ayon

action forwarranty ofsolvency inassignment of

creitsactions for lossor amage togoos uner the6DSA

e) * IGA'S actions uponan oral (verbal)contractactions upon auasi+contract

") *

prop memaid

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